Law On The Election of The Members of National Assembly 2013 (English)

KINGDOM of CAMBODIA
Nation Religion King

4

LAW
on
Election of Members of
the National Assembly (LEMNA)
and
Amendments of Law on Election of
Members of
the National Assembly

LEMNA and its Amendments last revised in January 2013
Unofficial Translation

Law on Election of Members of
the National Assembly (LEMNA)
and
Amendments of Law on Election of Members of
the National Assembly

The LEMNA initially adopted by the National Assembly on December 19, 1997
during the 8
th
plenary session of its 1
st
legislature and promulgated by Preah
reach kram dated December 26, 1997.

The Additional Law to the LEMNA adopted by the National Assembly on March
31, 1998 during the 8
th
st
legislature and promulgated by
Preah reach kram dated April 08, 1998.

The 2
nd
Additional Law to the LEMNA adopted by the National Assembly on May
th
st
Preah reach kram dated May 18, 1998.

The 3
rd
Additional Law to the LEMNA adopted by the National Assembly on May
th
st
Preah reach kram dated May 18, 1998.

The Amended Law of the LEMNA adopted by the National Assembly on August
th
nd
Preah reach kram dated September 17, 2002.

The Amended Law on Article 13 (new) of the Amended Law on Election of the
Members of the National Assembly adopted by the National Assembly on May
th
rd
Preah reach kram dated June 27, 2006.

The Amended Law of the LEMNA adopted by the National Assembly on
December 15, 2006 during the 5
th
rd
legislature and
promulgated by Preah reach kram dated January 31
st
, 2007.

The Amendment of the LEMNA adopted by the National Assembly on May 11,
2011 during the 6
th
rd
Preah reach kram dated July 04, 2011.

The following is an unofficial translation of the Law on Election of Members of the
National Assembly including all amendments to date.

The Khmer text of this law and its amendments should be referred to as the
official text.

LEMNA and its Amendments last revised in January 2013 Unofficial Translation i
Table of Contents
3

Pages

Law on Election of Members of the National Assembly (LEMNA) and
Amendments of Law on Election of Members of the National Assembly ............ i

Table of Contents ...................................................................................................... ii

CHAPTER I GENERAL PROVISIONS .................................................................. 1

CHAPTER II ELECTORAL SYSTEM AND DETERMINATION OF SEATS ............ 1

CHAPTER III ADMINISTRATION OF THE ELECTION ........................................... 3

CHAPTER IV REGISTRATION OF POLITICAL PARTIES AND LISTS OF
CANDIDATES RUNNING IN THE ELECTION .................................. 11

CHAPTER V POLLING STATIONS ........................................................................ 15

CHAPTER VI VOTER REGISTRATION AND VOTERS LISTS .............................. 16

CHAPTER VII ELECTORAL CAMPAIGN ................................................................ 26

CHAPTER VIII POLLING, VOTE COUNTING, AND CONSOLIDATION
OF THE ELECTION RESULTS ........................................................ 28

CHAPTER IX REPLACEMENT OF MEMBERS OF THE NATIONAL
ASSEMBLY ....................................................................................... 41

CHAPTER X BUDGET ............................................................................................. 41

CHAPTER XI PENALTIES ....................................................................................... 42

CHAPTER XII TRANSITIONAL PROVISIONS .......................................................... 45

CHAPTER XIII FINAL PROVISIONS .......................................................................... 47

LEMNA and its Amendments last revised in January 2013 Unofficial Translation ii
LEMNA and its Amendments last revised in January 2013 Unofficial Translation
1

CHAPTER I

GENERAL PROVISIONS

Art. 1

The purpose of this Law is to establish the electoral organs, procedures, and
the conduct of the Election of Members of the National Assembly of the Kingdom of
Cambodia.

Art. 2

The Election of Members of the National Assembly shall be conducted in
accordance with the principles of multi-party liberal democracy.

Art. 3 (new)

The Election of Members of the National Assembly shall be held every five (5)
years.

The date of polling shall be determined and announced by the Prime Minister
upon the request of the Minister of Interior.

The Election of Members of the National Assembly shall be held only one (1)
day on Sunday except for the following circumstances:

- Force majeure, in which the Election Day shall be postponed;
- dissolution of the National Assembly before the end of its mandate; in this
case the election shall be held within sixty (60) days of the dissolution of
the National Assembly;
- Extension of the legislative term of the National Assembly pursuant to
paragraph 5 of Article 78 of the Constitution.

Art. 4

The management of the Election of Members of the National Assembly shall
be under the jurisdiction of the National Election Committee as defined in Chapter III
of this Law.

CHAPTER II

ELECTORAL SYSTEM AND DETERMINATION OF SEATS

Art. 5

The Members of the National Assembly shall be elected by a general,
universal, free, fair, just, equal, direct, and secret election by means of secret balloting.
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The electoral system shall be proportional representation with provincial/municipal
constituencies.

Art. 6

The National Assembly shall have at least one hundred and twenty (120)
seats.

Art. 7

On the third year of every legislative term, the Council of Ministers shall form
a Committee for the Determination of the National Assembly Seats to modify the
number of seats and allocate seats to each province/municipality.

The Committee shall be composed of:
- A representative from each political party currently having seats in the
National Assembly;
- Two (2) representatives of the Ministry of Interior;
- The Director of the National Institute of Statistics.

The Committee is headed by a Chairperson and assisted by a Vice-
Chairperson, who shall be elected by an absolute majority of the members of the
Committee.

Taking account of demographic, geographic, social and economic factors, the
Committee shall report and recommend to the Royal Government whether to
increase the number of seats or keep the same number of seats.

The Royal Government shall draft a law concerning the determination of the
number of seats to be passed by the National Assembly.

Where there is no modification newly adopted, the number of seats of the last
legislative term shall remain the same.

Art. 8

The number of seats of the National Assembly and the number of seats
allocated to each province/municipality shall be published at least one (1)year before
the Election Day.

Art. 9

The new number of seats shall be computed according to the following
formula, disregarding the remainders:

PP Pa
---- = Q ----- = NA
NP Q

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Where:

PP = represents the number of the Cambodian citizens in the last Election
of the National Assembly;
NP = represents the current number of seats in the National Assembly;
Q = represents the quotient in whole numbers, disregarding the remainder;
Pa = represents the current number of the Cambodian citizens;
NA = represents the new number of seats, disregarding the remainder.

The number of seats allocated to each province/municipality shall be
computed according to the following formula:

P
--- = N
Q

Where:

P = represents the number of the Cambodian citizens in the province/
municipality;
Q = represents the quotient obtained from the calculation above;
N = represents the new number of seats for the province/municipality,
disregarding the remainder.

Art. 10

A province/municipality, for which the number of citizens is less than the
quotient, shall be allocated one seat.
As for the remaining seats to be allocated after allocation in accordance with
the above formula, the Commission may recommend to allocate them to any
province/municipality, taking account of geographical, social and economic
considerations.

CHAPTER III

ADMINISTRATION OF THE ELECTION

Art. 11

The Election of Members of the National Assembly shall be administered by
the National Election Committee (NEC). The National Election Committee shall have
Provincial/Municipal Election Commissions (PECs), Commune/Sangkat Election
Commissions (CECs), and Polling Station Commissions (PSCs) to carry out its work.
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Art. 12
The National Election Committee shall be an independent and neutral body
in carrying out its duties.
The Members of the National Election Committee and those of the Election
Commissions at all levels shall be neutral and impartial in the implementation of their
electoral duties.

Art. 13 (new two)

The National Election Committee shall have the following composition:

- One (1) Khmer dignitary as Chairperson
- One (1) Khmer dignitary as Vice-Chairperson
- Seven (7) Khmer dignitaries as Members.

The Chairperson, Vice-Chairperson and Members of the National Election
Committee shall be selected from among dignitaries who are competent in politics,
have work experience and good reputation.

Committee shall be appointed by Royal-Decree at least seven (7) months prior to
Election Day, at the request of the Council of Ministers upon approval by an absolute
majority of Members of the National Assembly.

Before holding office, the Chairperson, Vice-Chairperson, and Members of the
National Election Committee shall take an oath of office.

The Minister of Interior shall have the duty to submit to the Council of
Ministers, the draft of the proposed composition of the National Election Committee
at least nine (9) months prior to the Election Day.

The National Election Committee shall have the right to recruit staff as
necessary to carry out the election processes and shall be assisted by a General
Secretariat.

Art. 14

In the event of dissolution of the National Assembly before the end of its
mandate, the National Election Committee shall organize the Election to elect the
new National Assembly within sixty (60) days of the dissolution.

Art. 15 (new)

After being appointed as Chairperson, Vice- Chairperson and Members of the
National Election Committee, those who are members of a political party and/or who
are holding in the leading positions of a non governmental organization, a civil
society, an association, a trade union and/or who are civil servants, shall resign
definitely from the party and/or from the leading positions in the non governmental
organization, civil society, association, trade union and/or shall apply to be on leave
to work outside of their original service until the expiration of their mandates. The
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Chairperson, Vice-Chairperson and Members of the Provincial/Municipal Election
Commission and Commune/Sangkat Election Commissions, who are members of a
political party and/or civil servants, after the appointment shall temporarily resign
from the party and/or shall apply to be detached from the original service until the
expiration of their duties.

The Chairperson or Vice-Chairperson or Members of National Election
Committee, Provincial/Municipal Election Commissions and Commune/Sangkat
Election Commissions, shall lose their position in one (1) of the following cases:

- He/she dies;
- He/she resigns in writing ;
- He/she lost his/her professional aptitude as certified by competent
ministries/institutions;
- He/she acts in contravention of the internal rules regulated by the National
Election Committee;

The decision to expel the Chairperson or the Vice- Chairperson or Members
of the National Election Committee shall be the competence of the National
Assembly.

The decision to expel the Chairperson or the Vice- Chairperson or Members of
the Provincial/Municipal Commissions and Commune/Sangkat Election Commissions
shall be the competence of the National Election Committee.

- He/she is condemned/ sentenced to a prison sentence for a felony or a
misdemeanor.

In case the Chairperson or the Vice-Chairperson or Members of the National
Election Committee lost their office, the Ministry of Interior must submit a new
proposed candidate, no later than ten (10) days, to the Council of Ministers. This
period can be extended up to thirty (30) days in case there is no election.

The Council of Ministers must submit the new proposed candidate, no later
than five (5) days, to the National Assembly after receiving the proposal from the
Ministry of Interior. This period can be extended up to fifteen (15) days in case there
is no election.

The Chairperson or Vice-Chairperson or Members of the National Election
Committee who is/are substituted to the vacancy shall take office as soon as
possible.

In case the Chairperson or the Vice-Chairperson or Members of the
Provincial/Municipal Election Commissions and Commune/Sangkat Election
Commissions lost their office, the National Election Committee must recruit
substitution in accordance with the provisions of paragraph (1) of Article 18 (new)
and paragraph (1) of Article 20 (new) of this Law.

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Art. 16 (new)

The National Election Committee shall be responsible for planning, organizing
and managing the election in the whole country. The National Election Committee
shall have full right to implement its duties. The rights, authority, duties and
responsibilities regarding planning, organizing, managing, and supervising the
election are as follows:

1. Taking all necessary measures to ensure that the elections are free, fair
just and by means of secret vote;
2. Preparing work plans, budget and the materials and equipment for the
election, and publicizing the election calendar;
3. Appointing Provincial/Municipal Election Commissions, Commune/Sangkat
Election Commissions, and Polling Station Commissions;
4. Developing regulations, procedures and directives for the election
processes within the framework of the laws in effect;
5. Proposing and enforcing measures to maintain security and public order
during the time of the election;
6. Supervising the work of Election Commissions at all levels;
7. Establishing the jurisdiction of the polling stations;
8. Issuing decisions regarding the locations of the voter registration stations
and polling stations;
9. Producing and allocating the electoral materials and equipment;
10. Recruiting and appointing officials to help the Revision of Voters Lists and
Voter Registration in accordance with the laws and regulations;
11. Preparing the voters lists and the register of voters;
12. Reviewing and validating the voters lists;
13. Receiving and deciding on the applications of the political parties'
registration and political parties' candidates who run for the National
Assembly [Election];
14. Monitoring and facilitating the organization of the electoral campaign;
15. Organizing and managing the voting, counting of ballots, consolidation of
the result of the poll, and announcement of the results of the election;
16. Temporarily remove the right to vote or to restore the right to vote;
Register the political party running in the election competition or delete
the political party from the [competition] list.
Delete the candidacy of the candidates who stand for the Election of
the National Assembly or to restore their candidacy.
17. Auditing the income and financial expenses incurred by candidates and
political parties during the election campaigns;
18. Taking measures and providing coordination to ensure the use of the
public media based on equal principle;
7

19. Providing information on the progress of the electoral processes to political
parties and candidates and receiving suggestions related to the election;
Ensuring regular information exchanges and constant coordination on the
electoral processes between the National Election Committee/Election
Commissions at all levels and the political parties, candidates and
stakeholders;
20. Producing and disseminating publications on the election matters;
21. Promoting the public awareness on electoral matters through voters
education and public dissemination programs and by other means;
22. Preparing documents, programs and training for the electoral officers;
23. Approving and issuing identification cards to political party representatives
and national and international observers;
24. Overseeing the legality aspect of the implementation of regulations and
procedures when operating the election;
25. Deciding on all complaints and appeals relating to the election through
public hearing, except complaints which fall under the jurisdiction of the
courts;
26. Preventing and monitoring the electoral irregularities;
27. Establishing a committee to destroy the ballot papers used during each
Election of Members of the National Assembly after these ballot papers
had been stored in a safe place for four (4) years counting from the polling
day for each mandate, with the participation of the political parties
representatives that have seat(s) in the National Assembly;
28. Implementing other tasks as permitted or required by laws and regulations.

Art. 17 (new)

The working modalities of the National Election Committee shall be
determined by the Internal Rules (by-laws) of the National Election Committee in
accordance with the provisions in this Law and regulations. In case of the absence of
the Chairperson of the National Election Committee, delegation of power shall be
made in writing based on hierarchal ranking among Members of the National
Election Committee. The meetings of the National Election Committee shall be valid
if there is a quorum of 2/3 of the Members of the National Election Committee. If it
does not meet the above quorum for a meeting, another meeting shall be convened
immediately for the next day and the quorum for this second meeting shall be the
majority of the number of Members of the National Election Committee. All decisions
of the National Election Committee shall not be deemed valid unless made by an
absolute majority.

Art. 18 (new)

The composition of the Provincial/Municipal Election Commissions shall be
appointed by the National Election Committee among population, civil servants
and/or officials of the province/municipality who are eligible to vote, except for
8

members of the Royal Cambodian Armed Forces, National Police, court officials,
religious priests, provincial/municipal governor and deputy governor, chief and
deputy chief of district/khan, members of the commune/sangkat council, village chief,
village deputy chief and village member.

This Provincial/Municipal Election Commission shall consist of a Chairperson,
a Vice-Chairperson and three (3) to five (5) Members. This Provincial/Municipal
Election Commission shall establish a Secretariat as assistant.
Between elections, the National Election Committee shall designate one (1) or
two (2) officials of the Secretariat to maintain the continuity of the electoral work in
the province/municipality.

Art. 19

The Provincial/Municipal Election Commissions shall have the following
duties and responsibilities:

1. To perform duties permitted or required by law, regulations, and other
legal norms;
2. To perform other duties and exercise rights assigned and vested in them
by the National Election Committee.

Art. 20 (new)

The Members of the Commune/Sangkat Election Commissions, upon request
of Provincial/Municipal Election Commissions, shall be appointed by the National
Election Committee from among population, civil servants and/or officials in the
district/khan, commune/sangkat who are eligible to vote, except for members of the
Royal Cambodian Armed Forces, National Police, court officials, religious priests,
chief and deputy chief of district/khan, members of the commune/sangkat council,
village chief, village deputy chief and village member.
A Commune/Sangkat Election Commission shall consist of a Chairperson, a
Vice-Chairperson and three (3) Members.

Art. 21

The Commune/Sangkat Election Commission shall have the following duties
and responsibilities:

1. To perform duties permitted or required by law, regulations, and other
legal norms;
2. To perform other duties and exercise rights assigned and vested in them
by the National Election Committee.

Art. 22- (new)

The Members of the Polling Station Commissions shall, upon request of the
Provincial/Municipal Election Commissions, be appointed by the National Election
Committee among population and civil servants in the district/khan or commune/
sangkat who are eligible to vote, except for members of the Royal Cambodian
9

Armed Forces, National Police, court officials, religious priests, chief and deputy
chief of district/khan, members of commune/sangkat council, administrative officials
working for the commune/sangkat office, village chief, village deputy chief and village
member.

A Polling Station Commission shall consist of a Chairperson, a Vice-
Chairperson, a Secretary, and two (2) Members as it deemed appropriate and as
determined by the National Election Committee.

Art. 23-

A Polling Station Commission shall have the following duties and
responsibilities:

1. To perform duties permitted or required by the laws, regulations, and other
statutory norms;
2. To perform other duties and exercise rights assigned and vested in it by
the National Election Committee.

Art. 24-

The National Election Committee may delegate its authority to Provincial/
Municipal Election Commissions, Commune/Sangkat Election Commissions, Polling
Station Commissions, or electoral officers or agents to conduct the election.

Art. 25-

Candidates running for the Election of Members of the National Assembly or
members of the executive committee of a political party shall not be in the
composition Members of the National Election Committee or Election Commissions.

Art. 26- (new)

Each political party running in the election may send two (2) of its
representatives, one (1) full-right representative and one (1) reserved representative
among eligible voters, to observe polling activities at each polling station.
The fullright representative shall be authorized to enter in the polling and
counting stations.
The reserved representative shall be permitted to replace the full-right
representative in case he/she is absent.
Each political party is entitled to shift its representatives.

Art. 27

The national and international non-governmental organizations, foreign
countries and international organizations may send their representatives to participate
in the election as an observer.

10

Art. 28

The representatives of the political parties registered in the election, national
and international non-governmental organizations and foreign countries who observe
the electoral processes shall be accredited by the National Election Committee.

Art. 29 (new)

The authorities at all levels who are responsible for maintaining security,
public orders, and other assignments, shall absolutely cooperate with the National
Election Committee and other Election Commissions at all levels to maintain safety,
security and public orders during the election time, electoral campaign, polling and
counting, upon the request of the National Election Committee or other Election
Commissions.

Art. 30

The Chairperson of the National Election Committee shall have the same rank
and privileges as a Deputy-Prime Minister. The Deputy-Chairperson of the National
Election Committee shall have the same rank and privileges as a Minister. The
Members of the National Election Committee shall have the same rank and
privileges as a Secretary of State. The Secretary General of the National Election
Committee shall have the same rank and privileges as a General Director of a
Ministry.

Art. 31

The Members of other Election Commissions at all levels and staff of the
General Secretariat and Secretariats shall receive remuneration as determined by

Art. 32 (new two)

The Commune/Sangkat Election Commissions shall perform their functions
until the announcement of the final results of the Election.

The Provincial/Municipal Election Commissions shall perform their functions
until the sixtieth (60th) day after the announcement of the final result of the Election
of Members of the National Assembly.

Committee shall continue their functions until new appointments are made.

In case of failure to appoint the composition of the National Election
Committee in time as set forth in the paragraph (3) of the Article 13 (new two) of this
Law, the existing composition of the National Election Committee shall continue
their work and competence in organizing the Election of Members of the National
Assembly and other elections as required by the laws.

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CHAPTER IV

REGISTRATION OF POLITICAL PARTIES AND LISTS OF CANDIDATES
RUNNING IN THE ELECTION

Art. 33 (new)

A Khmer citizen who has the right and willingness to stand as a candidate in
the Election of Members of the National Assembly shall meet the following
requirements:

1. Be Khmer national by birth;
2. Be at least twenty-five (25) years of age on the date of the Election;
3. Have the right to vote and has name registered in the voters list;
4. Have a residence in the Kingdom of Cambodia;
5. Be nominated by a registered political party running in the Election.

Art. 34 (new)

The following persons shall not have the right to stand as a candidate in the
Election of Members of the National Assembly:

1. Civil servants, court officials, members of the armed forces and members
of the national police in holding office, and religious priests; or
2. Persons who are convicted a felony or misdemeanor punishment by the
courts and who have not yet been rehabilitated; or
3. Persons condemned to be deprived of their right to vote; or
4. Insane persons or persons under guardianship, certified as such by a
competent institution; or
5. Person whose rights to vote is temporary revoked or his/her name is
deleted from the voters lists by the National Election Committee; or
6. Members of the National Election Committee and Election Commissions for
the Election of Members of the National Assembly; or
7. Members of the Supreme Council for Magistracy; or
8. Members of the Constitutional Council.

Art. 35 (new)

Civil servants, court officials, members of the armed forces, members of the
national police, members of the Supreme Council for Magistracy, members of the
Constitutional Council, and religious priests, who wish to stand as a candidate
running for Election of Members of the National Assembly, shall resign from their
functions or renounce their priesthood at least seven (7) days prior to the date of the
electoral campaign.
12

If elected, any such person shall, through hierarchal rankings, apply to the
relevant ministry or institution to be released from duties for the duration of his/her
mandate. During his/her mandate, he/she shall automatically retain his/her rights for
promotion and upgrading and maintain his/her seniority for the retirement purposes;

At the end of his/her mandate, he/she shall be entitled to return to his/her
previous ministry or institution, but his/her position shall be determined by the
concerned ministry or institution.

Art. 36 (new)

The modalities for implementing of Articles 33 (new) and 34 (new) of this Law
shall be determined by regulations and procedures of the National Election
Committee.

Art. 37 (new)

The opening of the registration of political parties running for the Election shall
begin ninety (90) days before the polling day.

To officially register the political party running for the Election, a political party
shall submit, to the National Election Committee, an application in a form approved
by the National Election Committee, no later than seventy (70) days before the
polling day, and shall provide the following documents:

1. A copy of the certificate of registration of the political party issued by the
Ministry of Interior;
2. The name of the political party in full, together with its acronym and logo;
3. The address of the headquarters of the political party;
4. A list of all candidates throughout the country. The list shall include a
number of full-right candidates equal to at least one-third (1/3) of the
seats in the National Assembly, and number of alternate candidates equal
to that of full-right candidates;
5. The names of the constituencies corresponding to those constituencies
where the party wishes to run and the corresponding lists of candidates.
The number of the candidates on list for a constituency shall be the same
as the number of the [parliamentary] seats allocated for that constituency
and shall conform with the form provided by the National Election
Committee.
There shall be at least three (3) alternate candidates for any constituency
that has only one (1) or two (2) seats.
6. A bank statement indicating the partys bank account in which revenue,
including contributions from whatever sources, has been deposited by the
political party in any bank in the Kingdom of Cambodia accredited by the
National Bank of Cambodia;
7. The statute of the political party and other documents certifying the
creation of the political party;
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8. A statement of the political party's commitment to participate in and accept
the result of the Election conducted in the manner of free, fair and just as
well as participate in complying with the Law on Election of Members of
the National Assembly, the Code of Conduct, and the Law on Political
Parties;
9. A list of members of the Party Executive Committee or Permanent
Committee or a equivalent organ of the political party;
10. A receipt for deposit of fifteen million (15,000,000) riels issued by the
National Treasury. This deposit shall be returned to the concerned political
party if it receives at least 3 % of the valid votes or it wins one (1) seat in
the National Assembly.

In the event of the dissolution of the National Assembly before the end of its
mandate, the registration of political parties running in the Election shall accomplish
in ten (10) days of the its dissolution.

Art. 38 (new)

The list of candidates for each constituency shall contain:

1. Names of the candidates listed in descending order of priority as determined
by the political party;
2. A certification of voter registration issued by the commune/sangkat
authority in which a concerned candidate has been registered;
3. A declaration by each candidate accepting his/her nomination in the
relevant constituency by the political party that runs in the Election.

Art. 39

Each candidate shall have his/her names appeared on the candidate list of
only one (1) constituency.
A candidate whose name appears on the candidate lists of more than one (1)
constituency shall be declared by the National Election Committee as having lost
his/her rights to be a candidate in the Election, even if he/her seeks to be a
candidate of another political party.

Art. 40 (new)

The National Election Committee shall decide on a political party's application
running in the Election within seven (7) days of receiving its application.
mandate, the National Election Committee shall immediately examine and decide
upon the applications of the political parties running in the Election.
If the National Election Committee accepts the application, it shall issue to the
concerned party a letter certifying the registration of that party.
If the National Election Committee examined that the party does not fulfill the
requirements as set out in Articles 33 (new), 34(new), 35 (new), 36 (new), 37 (new)
14

and 38 (new) of this Law, the National Election Committee shall notify the concerned
party accordingly so that it can take appropriate steps to complete the requirement.
The concerned party shall complete the lacking point as stated in the criteria
within five (5) days from the date receiving the notice.
mandate, the concerned party shall complete the requirement before the closure of
the registration of political parties running in the Election.
If the political party fails to meet the requirements at the expiration of this
period, the National Election Committee shall consider that the political party has
abandoned its registration for running in the Election.

Art. 41 (new)

If a candidacy or list of candidates is rejected pursuant to the provisions
stated in Articles 33 (new) or 34 (new) or 35 (new) or 39 of the Law on the Election
of Members of the National Assembly, the National Election Committee shall:

- complete a rejection form, indicating the reasons for the rejection and the
date of the rejection;
- provide a copy of the rejection form to the candidate and concerned
political party ;
- inform the candidate and the concerned political party that, in accordance
with Article 42 of this Law, they may appeal in writing to the Constitutional
Council within five (5) days after receiving the notification of the rejection;
in the event of dissolution of the National Assembly before the end of its
mandate, the candidate or concerned political party may immediately
appeal in writing to the Constitutional Council;
- send a copy of the rejection form to the Constitutional Council for
information and retain a copy for its file.

Art. 42 (new)

Any candidacy or list of candidates of a political party that is rejected by the
National Election Committee, that candidate or concerned political party shall have
their right to appeal in writing to the Constitutional Council within five (5) days after
the date receiving the rejection notice.

mandate, the candidate or concerned political party may appeal in writing with the
Constitutional Council immediately.

The Constitutional Council shall examine and decide on the appeal within ten
(10) days after the date receiving the appeal.

mandate, the Constitutional Council shall immediately examine and decide on the
appeal.
15

Art. 43

A hearing or a partial hearing conducted by the Constitutional Council to rule
on the appeal shall be public.

The Constitutional Council shall post the date, place and time of the hearing
on the appeal.

Art. 44

After the end of the period of political parties registration running in the
Election or/and after the final decision on all complaints and appeals , the National
Election Committee shall post the list of registered political parties running in the
Election and their list of candidates for each province/municipality, in accordance
with the regulations and procedures.

CHAPTER V

POLLING STATIONS

Art.45 (new)

The National Election Committee shall establish one (1) or more polling
stations in each commune/sangkat in accordance with the regulations and
procedures of the NEC.

Each polling station shall serve for a specific determined area.

Each polling station and its coverage areas must locate within their commune/
sangkat boundary.

Art. 46 (new)

A) Each polling station shall have no more than seven hundred (700)
registered voters.

Each polling station shall consist of the whole village and shall make it
accessible to all household members in that village to cast their vote at that polling
station.

In case a polling station has registered more than seven hundreds (700)
voters, the National Election Committee shall integrate these exceeding names into
the list of voters of the nearest polling station in the same commune/sangkat.

B) The National Election Committee shall have the right to select a
compound building to establish two (2) or more polling stations, provided it does not
affect the regularity of the management and the functioning of the Election.

More polling stations of which located in the same compound or building must
be arranged separately.
16

Each polling station located in the same compound or building must be
administered separately and differently, in accordance with the regulations and
procedures determined by the National Election Committee.

Art. 47 (new)

The names and locations of the polling stations once established shall be
posted to the public.

Political parties that have been registered for running in the Election may
request for the list of the names and locations list of the polling stations by paying a
fee.

Such fee shall not exceed the cost of production.

The National Election Committee shall send a copy of the names and
locations list of polling stations of each constituency to the Constitutional Council.

CHAPTER VI

VOTER REGISTRATION AND VOTERS LISTS

Art. 48 (new)

The National Election Committee shall ensure that voters list is available at
each polling station established in accordance with the provisions prescribed in
Articles 45 (new) and 46 (new) of this Law.

The voters list for each polling station must be recorded into a register of
voters and be retained permanently at the commune/sangkat office in accordance
with the regulations and procedures prescribed by the National Election Committee.

The National Election Committee must validate and disseminate the official
voters lists at least ninety (90) days before the polling day.

mandate, the last valid voters lists shall be used as official voters lists for the
Election and shall disseminate these voters lists at least fifty (50) days before the
polling day.

Art. 49 (new three)

This register of voters shall be kept permanently at the commune/sangkat
office and one (1) copy shall be officially photocopied and kept at the Headquarters
of the National Election Committee. The period of reviewing the voters lists, the
voter registration and providing validity to the voters lists shall begin from October 1
st

to December 31
st
of every year.

17

In the year of organizing the universal Election, the National Election
Committee may decide on the date and duration of the Voters Lists Revision, Voter
Registration and providing validity to the voters lists differently from the above. The
National Election Committee may prolong the period of reviewing the voters lists and
voter registration no longer than thirty (30) days.

In the event of dissolution of the National Assembly during the voters lists
revision and voter registration or force majeure or insecurity, the National Election
Committee may decide on the duration of the voters lists revision and voter
registration period other than the above.
The voters lists revision and voter registration and providing validity of the
voters lists in the newly created commune/sangkats and the communes/sangkats
that have changed their boundaries based on the conditions determined in the
Law on Administration of Communes/Sangkats shall comply with the provisions and
the conditions described in this Law and the regulations and procedures of the
National Election Committee.

Art. 50 (new)

To be eligible to vote, every citizen must have his/her name in the voters lists
and must have documents to certify his/her identity during the polling.

To have his/her name in the voters lists, every citizen shall meet the following
conditions:

- Be a Khmer national;
- Be eighteen (18) years old or over counting up to the polling day;
- Have a residence in the commune/sangkat where he/she is going to cast
his/her vote;
- Not be in a situation of serving prison term;
- Not be insane or under guardianship as certified by a competent ministry
or institution.

The National Election Committee shall issue regulations and procedures to
actually implement the paragraph (1) of this Article.

Art. 51 (new)

Candidates running for the Election and their spouse and children may cast
their vote in the constituency for which the candidates run for the Election.

A candidate who has his/her name in the candidate lists of an approved
political party to run in the Election by the National Election Committee, including
his/her spouse and children who have been registered as voters in a constituency
other than the one he/she runs for, this candidate may request to the National
Election Committee to register his/her name and the name of his/her spouse and
children, provided the spouse and children agree to do so, in any polling station at
the constituency where he/she is running for.
18

The National Election Committee shall order to delete that candidates name
and his/her spouses and childrens names from the voters lists in the
commune/sangkat where they have previously registered and then order to register
the candidates name and his/her spouses and childrens names in the voters lists
of a polling station in the constituency where he/she is running upon the request [of
the candidate].

Art. 52 (new)

Each Khmer citizen shall be registered under one (1) name and for one (1)
polling station only.

Any Khmer citizen, who has more than one (1) residence in the Kingdom of
Cambodia, shall choose only one (1) residence to register as a voter.

Art. 53 (new)

The National Election Committee shall delegate its power to the Commune/
Sangkat Council to perform functions on its behalf in order to implement the voters
lists revision, the voter registration, and the register of voters for each commune/
sangkat.

To carry out the functions mentioned above, the Commune/Sangkat Council
shall deliver these tasks to its commune/sangkat clerk who will act as an officer in
charge of the voters lists revision and the voter registration and the register of voters
for each commune/sangkat.
The Commune/Sangkat Council shall lead its commune/sangkat clerk to
conduct the task properly in accordance with the election law, regulations and
procedures prescribed by the National Election Committee.
The Commune/Sangkat Council shall assign one (1) of its council members
for the commune/sangkat that has five (5) council members, and two (2) of its
members, for commune/sangkat that has from seven (7) council members and up, to
supervise and be responsible on a permanent basis for works accomplished by the
commune/sangkat clerk during the period of the voters lists revision and voter
registration. The Member of the Commune/Sangkat Council assigned on this
permanent basis duty shall not receive any additional remuneration.
The National Election Committee shall consult with the Ministry of Interior on
the delegation of authority as appropriated to the capacity and resources of
Commune/Sangkat Council and shall provide appropriate training, capacity building,
means, supplies and materials, and budget to the Commune/Sangkat Council and
the clerk to enable them implementing their responsibilities.

Art. 54 (new two)

A) In order to register to vote, Khmer citizens shall appear themselves in
person at their commune/sangkat office or at any place in the commune/sangkat
where they are living, as determined by the National Election Committee.
19

When appearing in person, Khmer citizens shall:
- show their identity to the commune/sangkat clerk;
- have their right to vote as prescribed in the Article 50 (new) of this Law;
- have not yet been registered to vote or have already registered at any
other commune/sangkat or have not yet been registered at any place in
the commune/sangkat.

In case, a citizen dies or his/her rights to vote have been temporarily
removed or, his/her name is deleted from the voters lists or has changed his/her
residence to another commune/sangkat, the commune/sangkat clerk shall record the
names of those citizens in a separate list. During the voters lists revision and the
voter registration, the commune/sangkat clerk shall delete the names of [those]
citizens from the voters lists and the register of voters of his/her commune/sangkat
as stipulated in the Art. 49 (new three) of this Law.

For citizens who have not previously registered because they just reach the
voting age , and just have newly moved in the commune/sangkat, the
commune/sangkat clerk shall record the names of those citizens in a separate list.
During the voters lists revision and the voter registration, those citizens shall fulfill
the registration requirements as described in the paragraphs (1) and (2) of this
Article.
When necessary, the Commune/Sangkat Council may manage to conduct a
mobile registration in accordance with the regulations and procedures of the National
Election Committee.
B) In order to prove his/her identity, a citizen shall show any of the following
documents:
- A passport of the Kingdom of Cambodia;
- An Identity Card issued by the Royal Government of Cambodia, with a
photo.
- A family book.

A citizen who appears in person may certify his/her identify by having a
guaranteed statement of two (2) eligible voters in that commune/sangkat, made in
front the Chief of the Commune/Sangkat or the Commune/Sangkats Deputy Chief,
(in the absence of the Commune/Sangkat Chief); this is to ensure that the
declaration of the applicant for registration is certainly true. Then, he/she shall
immediately bring that letter of testimony to show to the commune/sangkat clerk in
order to fulfill the voter registration requirement.
C) In order to prove that he/she is a Khmer citizen, a citizen shall show any
of the following documents:
- A Passport of the Kingdom of Cambodia;
- An identification Card issued in accordance to the Law on the
Nationality of the Kingdom of Cambodia and the Sub-Decree (Anukret)
n 36, dated on July 26, 1996, regarding the Khmer Identity Card.
20

- An Identification Card of the Civil Servant or of the Royal Cambodian
Armed Forces or of the National Police of the Kingdom of Cambodia;
- An identification Card of the Buddhist Monk;
- An evidence proving that the name of the applicant for voter
registration exists in the last voters lists, and in the register of voters of
the commune/sangkat;
- A birth certificate justifying the Khmer nationality;
- A letter issued by the Royal Government of Cambodia certifying that
he/she is a Khmer citizen;
- A letter of certification, a document or a court warrant proving that the
mother or father of the applicant is a Khmer citizen, and a document
proving that the applicant for voter registration is the child of that father
or mother.
- An official document proving that the applicant for voter registration
was born in Cambodia and that the alien father and mother of that
applicant were also born and legally lived in Cambodia, and an official
document proving that the applicant for voter registration is the child of
that father and mother.
D) In order to prove that his /her age is at least 18 years old counting up to
the date of the Election of Members of the National Assembly, a citizen
shall show one (1) of the following documents:
- Any document as stated in (B) and (C) of the Article 54 (new two) of
this Law which mentioned about the age or the day, month and year of
birth of the applicant for voter registration or a letter of testimony made
by two (2) persons who have the right to vote in the commune/sangkat,
testified in front of the Commune/Sangkat Chief to guarantee that the
applicant for voter registration is certainly at least 18 years old counting
up to the date of the Election of Members of the National Assembly.
E) In order to prove that he/she truly has a residence in the commune/
sangkat, a citizen shall show one (1) of the following documents:
- any document as stated in (B), (C), and (D) of the Article 54 (new two)
of this Law and which specifies that the applicant for voter registration
is certainly having a residence in that commune/sangkat; or a letter of
certification made the commune/sangkat authority certified that the
concerned person certainly has a residence in that commune/
sangkat.
F) In case a citizen has sufficient documents as described in (B), (C), (D)
and (E) of the Article 54 (new two) of this Law, the commune/sangkat
clerk shall:
- register the name of that citizen in the voters lists;
- record the name of that citizen in the register of voters;
- issue a receipt of the voter registration to the concerned person;
21

- tell the concerned citizen about the polling station where he/she shall
go to cast his/her vote.

For any citizen who already has his/her name in the register of voters, the
commune/sangkat clerk shall simply examine the registration evidence of that
person; if that person is not under any of the cases stipulated in (A) subparagraph
(3) of the Article 54 (new two) of this Law, the commune/sangkat clerk shall update
the name of that person in the voters lists.

Art. 55 (new)
During the period of the voters lists revision and voter registration, it is
prohibited to bring in weapons, explosives and ammunitions, and other dangerous
objects into the commune/sangkat office or into any determined place for the voters
lists revision and the voter registration, except when a person causes disturbance,
then the Commune/Sangkat Chief may request for an intervention from the
competent authority.
The National Election Committee shall ensure that the process of the voters
lists revision and the voter registration be conducted safely without any fear or
intimidation.

Art. 56 (new two)

The commune/sangkat clerk, after getting the advice from the Member(s) of
the Commune/Sangkat Council on permanent duty in supervising his/her work, may
reject the request to register of any person when there is evidence proving that such
person does not sufficiently meet the requirements stated the Article 50 (new), and in
(A), (B), (C), (D) and (E) of Article 54 (new two) of this Law.

In the case when the commune/sangkat clerk refuses to register a citizen, the
commune/sangkat clerk shall:
- fill out a rejection form by indicating the reasons and date of the rejection;
- provide a copy of the rejection to the concerned person;
- inform the concerned person that referring to the Article 57 (new) of this
Law, he/she or his/her representative may file an appeal in writing to
his/her Commune/Sangkat Council within three (3) days , after the date
receiving the rejection notice.
- send a copy receiving of the rejection to the NEC through the secretariat
of the Provincial/Municipal Election Commission for information and keep
one (1) copy for filing.

Art. 57- (new)

Any person, whose registration is rejected by the commune/sangkat clerk, or
his/her representative, may file an appeal in writing to his/her Commune/Sangkat
Council, within three (3) days after the date of receiving the rejection notice.

22

Art. 58 (new)

The Commune/Sangkat Council shall hold a decision meeting open to public
on the appeal by using an absolute majority votes of the entire Commune/Sangkat
Council within three (3) days , after the date of receiving the appeal.

Art. 59 (new two)

If the Commune/Sangkat Council decides in favor of the complainant, the
Commune/Sangkat Council shall order the commune/sangkat clerk to proceed the
registration in accordance to the provision stated in (F) of the Article 54 (new two)
of this Law.

If the Commune/Sangkat Council rules out the appeal, the Commune/Sangkat
Council shall:

- fill out the rejection form by indicating the reasons and date of the
rejection.
- provide a copy of the rejection to the concerned person;
- inform the concerned person that referring to the Article 60 (new) of this
Law, he/she or his/her representative may file an appeal to the National
Election Committee within five (5) days , from the date receiving the
rejection notice;
- send a copy of the rejected file to the NEC, through the secretariat of the
Provincial/Municipal Election Commission for information and keep one
(1) copy for filing.

Art. 60 (new)

Any person, whose complaint is rejected by the Commune/Sangkat Council,
or his/her representative may appeal in writing to the National Election Committee,
within five (5) days, after the date of receiving the rejection notice.

Art. 61 (new two)

The National Election Committee shall, through an open public hearing,
decide on this appeal within five (5) days, from the date receiving the appeal.

If the NEC rules in favor of the request of the complainant, the NEC shall
issue a decision to the Commune/Sangkat Council to order the commune/angkat
clerk to register the name of the rejected person in accordance with the registration
provision described in (F) of the Article 54 (new two) of this Law.

If the NEC rules out the appeal of the complainant, the NEC shall:
- fill out a rejection form by indicating the reasons and date of the rejection;
- provide a copy of the rejection to the complainant;
- inform the concerned person that referring to the Article 62 ( new two ) of
this Law, he/she or his/her representative may file an appeal in writing to
23

the Constitutional Council within five (5) days , after the date receiving the
rejection notice.
- send a copy of the rejection file to the Constitutional Council for
information and keep one (1) copy for filing.

Art. 62 (new two)

Any person whose registration is rejected by the National Election Committee,
that person or representative may file a contested complaint in writing to the
Constitutional Council within five (5) days, after the date receiving the rejection
notice.

The Constitutional Council shall, through an open public hearing, decides on
the appeal within ten (10) days after the date receiving the complaint.

Whether the Constitutional Council agrees or disagrees with the complaint,
the Constitutional Council shall:
- issue a decision to the National Election Committee to register or reject
the registration of the person in question;
- send a copy of the decision of registration or rejection to the complainant
or his/her representative;
If the decision of the Constitutional Council order to register the name of the
person in question, NEC shall order the Commune/Sangkat Council to register the
name of that person in question in accordance to the registration requirement
prescribed in (F) of the Article 54 (new two) of this Law, then send a copy of the
newly modified voters lists to the Constitutional Council.

Art. 63 (new)

After the closing date of the voters lists revision and voter registration, and
after all complaints related to the registration have been totally resolved, NEC shall
post the preliminary voters lists at the commune/sangkat office, and at a designated
location in the commune/sangkat as determined by the National Election Committee.

The political parties that have been registered in accordance to the Law on
Political Parties have the rights to request for a copy of this voters lists by paying a
fee. This fee shall cover only the production cost.

Art. 64 (new two)

Any person may, within five (5) days after the posting of the preliminary
voters lists, file a complaint in writing to his/her Commune/Sangkat Council,
regarding the disappearance of name [ from the voters lists] or object to registration
or the retention of names of another person in the voters lists, provided he/she has
the evidence proving that :
- that person does not meet the proper requirements as stated in the
Article 50 (new) and the Article 54 (new two) of this Law.
24

- that person has name registered in the voters lists in more than one (1)
place;
- that person came to register and has a registration receipt proving
his/her registration, but he/she does not have his/her name in the voters
lists and in the register of voters.
- that person has name in the voters lists, but the recording is unclear.

The appellant shall provide any document as evidence to the Commune/
Sangkat Council.

The person filing objection must provide additional information, upon the
request of the Commune/Sangkat Council.

In the year of organizing the universal Election, the filing of complaints
stipulated in the paragraph (1) of this Article last for ten (10) days, after the posting
of the preliminary voters lists.

Art. 65 (new two)

The Commune/Sangkat Council shall make decision, as open to public, on
any appeal or objection within three (3) days, after the date receiving the complaint.

If the appeal or the objection is sustained, the Commune/Sangkat Council
shall order the commune/sangkat clerk to register the person in question or delete
the name of the person in question from the voters lists.

If the person who lodged the appeal or the objection does not agree with the
decision of the Commune/Sangkat Council, he/she or his/her representative may
appeal in writing to the National Election Committee within five (5) days after the
date receiving the notice of the Commune/Sangkat Council.

The National Election Committee shall, in an open public hearing, decide on
the appeal or objection within five (5) days after the date of receipt of the complaint.

If the National Election Committee rules that the complaint or objection is
justifiable, the NEC shall order the Commune/Sangkat Council to register the
concerned person in the voters lists in accordance with the requirement stated in (F)
of the Article 54 (new two) of this Law, or to delete the name of the person in
question from the voters lists and the register of voters.

If the person who files complaint or objection is not satisfied with the decision
of the National Election Committee, he/she or his/her representative may file an
appeal in writing to the Constitutional Council within five (5) days, after the date of
receiving the notice of the National Election Committee.

Art. 66 (new two)

The Constitutional Council shall rule on the complaint or objection in an open
public hearing within ten (10) days, after receiving the complaint.
25

If the contested or objection complaint is sustained, the Constitutional Council
shall:
- issue a decision to the National Election Committee to register or reject
the name of the complainant of the appeal or of the objection complaint,
or of the person in question;
- send a copy of its decision in favor or not in favor of the complaint, to the
complainant of the appeal or the objection , or to the person in question.

If the decision of the Constitutional Council is ordering to register the name of
complainant or the person in question, the National Election Committee shall order
the Commune/Sangkat Council to register the name of the concerned person in
compliance with the requirement stated in (F) of the Article 54 (new two) of this Law,
then send a copy of the newly modified voters lists to the Constitutional Council.

Art. 67 (new)

When all appeals or objection complaints are definitely resolved, the National
Election Committee shall order to send the official annual voters lists to the
commune/sangkat office to be kept as in official document.

The citizen, who has the right to vote in the commune/sangkat, has the right
to review his/her name in this official voters lists.

The Political Party that has been legally registered in accordance with the Law
on Political Parties has the right to request for a copy of this official voters lists by
paying a fee. This fee shall not exceed the production cost.

Art. 68 (new)

The National Election Committee shall order to post the official voters lists to
the public at each polling station in the commune/sangkat, at the office of Commune/
Sangkat Election Commissions and at the Provincial/Municipal Election Commissions,
as scheduled by the National Election Committee.

Art. 69 (new)

Political parties or national and foreign non-governmental organizations,
international organizations, and other countries, may send their representatives as
observers, during the voters lists revision and voter registration period every year.

All representatives shall be accredited by the National Election Committee.

26

CHAPTER VII

ELECTORAL CAMPAIGN

Art. 70

The goal of the electoral campaign is to allow political parties and candidates
competing in the Election to convey their political platforms to voters.

Art. 71

All political parties and candidates shall avoid using threats, intimidation or
violence against citizens, other political parties or candidates.

All political parties and candidates shall not incite their supporters or voters to
use threats, intimidation or violence against individual or other political parties.

Art. 72

The electoral campaign period shall last thirty (30) days and all activities of
the electoral campaign shall end twenty four (24) hours before the polling day.

Art. 73 (new)

During the electoral campaign period and on the polling day, all political
parties and all candidates, all members and all supporters of political parties shall
comply with the measure, provisions and principles set out in this Law and with the
Code of Conduct, Regulations and Procedures of the National Election Committee,
and shall respect the principles of human rights and democracy described in the
Constitution of the Kingdom of Cambodia.

The procedures and modality of filing appeal or objection complaint during the
electoral campaign and the complaint resolution shall be determined by Regulations
and Procedures. The Constitutional Council is the highest competent body in issuing
final decisions [of relevant complaints].

Art. 74

All media outlets, including state-run press, television and radio, shall
disseminate all information upon the request of the National Election Committee, at
no cost, for the purpose of publicizing the work related to the Election, and of
educating voters.

Art. 75

The National Election Committee shall undertake measures to publicize the
political messages at the request of the political parties that have registered for
running in the Election, based on an equal principle and an orderly first come first
serve basis.

27

Art. 76
In exercising their rights to publicize, all political parties and candidates shall
avoid using violence, abuse, or contemptuous language, causing fear [and] confusion,
and causing a loss of confidence in the secrecy of voting.

Art. 77

The manager of the theaters, stadiums, public parks and halls shall make
their own facilities available to all candidates or political parties that have registered
for running in the Election and have request to rent them for their electoral
campaign, based on an equal principle and an orderly access first come first serve
basis.

Art. 78

During the electoral campaign of the Member of the National Assembly
Election, the political parties and candidates who wish to rent the public theaters,
stadiums, public parks and halls described in Article 77 of this Law, shall submit an
application to the manager(s) of these facilities at least three (3) days before their
scheduled campaign meeting; and shall make a copy of this application to be sent to
the Commune/Sangkat Electoral Commission.

The manager of the facility shall respond to the applicant within twenty-four
(24) hours after receiving the application.

Art. 79

The political parties or candidates may conduct their campaign activities in
private areas or private halls, with the consent of the owners, but the political parties
or candidates must inform the Commune/Sangkat Electoral Commission.

Art. 80
All political parties and candidates shall not interfere with or obstruct the
activities of other political parties or candidates.

Art. 81

All expenses for the electoral campaign incurred by a political party and each
candidate shall be covered by that political party or candidate [as its own expenses].

Art. 82

Every political party that has registered for running in the Election shall have
an account book to record the incomes, the source of income and the expenses for
the electoral campaign.
The National Election Committee may examine the account book, when there
is a necessity.

28

Art. 83
All contributions received by the political party shall be deposited in a bank
account and all electoral campaign expenses shall be debited from the same
account.

CHAPTER VIII

POLLING, VOTE COUNTING, AND CONSOLIDATION
OF THE ELECTION RESULTS

Art. 84 (new)

The polling stations shall be organized as described in the Articles 45 (new)
and 46 (new) of this Law.

Art. 85 (new)

The Polling shall be conducted in one (1) day.
The polling shall start from seven (7:00) oclock in the morning until three
(15:00) oclock in the afternoon, unless otherwise decided by the National Election
Committee.

If all voters who have names in the voters lists of a polling station have
already cast their ballots, the Polling Station Commission may declare to close the
polling before 3:00 p.m.

The chairperson of the polling station shall declare to close the polling at 3:00
p.m.

Any person who wishes to cast his/her vote shall not be permitted to enter into
the inner perimeter [of the polling station] after 3:00 p.m.

Eligible voters who have the rights to vote after 3:00 p.m. and shall be allowed
to vote are the persons being inside the polling station or the inner perimeter of the
polling station at 3:00 p.m.

Art. 86

The National Election Committee shall publicize the lists of names and
location of all polling stations and post them at all polling stations at least thirty (30)
days before the polling day.

Art. 87

The registered political parties running in the Election shall be entitled to
obtain a copy of the lists of names and locations of the polling station by paying
charge. Such charge shall not exceed the cost of production.

29

Art. 88 (new)

One (1) day before the polling day, the National Election Committee shall
provide each polling station with an appropriate quantity of the following polling
materials:

1. voters lists;
2. ballot papers still unused ;
3. ballot box;
4. voting booths;
5. secret seal to stamp on the ballot papers;
6. indelible ink to indicate as having cast the ballots;
7. padlocks and safety fasteners;
8. forms for recording the polling minutes and the vote tally;
9. ball-point pens with good quality.
10. pre-printed envelopes;
11. plastic bags;
12. other necessary materials and equipment.

Art. 89

One (1) day before the polling day, the Chairperson of the Polling Station
Commission shall call a meeting to verify the presence of its members, examine the
location of the polling station and check the polling materials and equipment to be
used for polling.

If any member of the Polling Station Commission is absent, such member
shall be replaced by a new member recruited as described in the regulations and
procedures.

The Chairperson of the Polling Station Commission shall take action to ensure
that the polling station has material, equipment and furniture necessary for the
conduct of the polling.

The Chairperson of the Polling Station Commission shall inspect the security
situation at the polling station and, if necessary, shall take appropriate measures to
maintain the safety as needed.

Art. 90

On polling day, the members of the Polling Station Commission shall arrive at
the polling station at least one (1) hour before the polling start, in order to make
appropriate preparations.

The Polling Station Commission shall verify the credentials of the political
parties agents and of the electoral observers, before allowing them to enter into the
polling station.
30

Art. 91 (new)

Before the polling starts, the Chairperson of the Polling Station Commission
shall open and show the ballot box in the presence of all members of the
Commission, the representatives of political parties and all observers to witness
that there is nothing inside the ballot box, then shall lock the box and shall record
the lock serial numbers in the polling minute [form], and after that shall examine
and count the number of the unused ballot papers that have been actually received ,
and then shall open the envelope containing a secret seal to be used to stamp on
the back of [each] ballot paper.

Art. 92 (new)

Each citizen [voter] shall cast his/her vote only at the polling station where
his/her name is on the list of voters [for that polling station] and shall have an
evidence document proving his/her identity.

Art. 93

The Members of the Polling Station Commission shall entitle to cast their
votes first, followed by the political parties agents and the electoral observers whose
names are on the voters list of that polling station.

Art. 94

Each voter shall have the right to cast only one (1) vote and one (1) time
only, by casting the vote in person.

Each voter shall vote by placing a mark on the ballot paper of only one (1)
political party of his/her choice, without making any modification or addition or
substitution [to the existing political parties on the ballot paper]. The manner of voting
shall be determined by the National Election Committee.

Art. 95

Voting shall be secret.

Any attempt to discover or to reveal the secrecy of voting shall be prohibited.

Art. 96

To maintain the order inside of the polling station, each person shall respect
the electoral Regulations of the National Election Committee.

Art. 97 (new)

Any handicapped voter who is unable to vote by him/herself, shall has the
rights to bring along an assisted adult or to seek for assistance from the Chairperson
of the Polling Station.

31

Art. 98 (new)

Any person who has only document proving his/her identity, but his/her name
is not on the voters lists, shall not be allowed to vote.

Art. 99

Only voters who must cast their ballots are allowed to enter into the polling
station, except the person authorized by the National Election Committee.

Art. 100

Entering into the security perimeter of a polling station with a weapon or any
type of explosives and entering into the polling station in armed forces uniform shall
be prohibited, except it is authorized by a special permission of the Chairperson of

The area of the polling station shall be 2,000 squared meters, and the security
range shall be set at 200 meters around the polling station, unless otherwise decided
by the National Electoral Committee.

Art. 101

If a political party agent finds that the polling is irregular, he/she may object or
complain to the Chairperson of the Polling Station Commission.

The procedures of bringing objection or complaint shall be determined by the
Regulations and Procedures.

The Polling Station Commission shall settle the objection or complaint.

The decision of the Polling Station Commission is valid within its jurisdiction
provided the polling proceeds on a regular basis.

If the party agent persists in objecting or complaining, the Polling Station
Commission shall record the objection or complaint in the minutes form, which shall
be co-signed by the objecting or complaining person.

Art. 102-

After the announcement of the closing of the polling, the Polling Station
Commission shall record in the minutes form, the number of voters who have cast
their votes and the number of the unused ballots, and shall arrange for the counting
of the ballots on the spot, in accordance with the Regulations and Procedures.

If the counting of ballots at a given polling station cannot be conducted due to
force majeure or insecurity, the National Election Committee shall issue particular
directives regarding the case.

32

The national and international observers and the political parties agents may
participate as witnesses of the ballot counting.

Art. 103

The Polling Station Commission shall be responsible for the ballot counting.
Before opening ballot box, the Chairperson shall invite members of the polling
station, political parties agents, and electoral observers to examine the sealed lock,
and then open the box in their presence.

Art. 104

The Polling Station Commission shall count the number of ballots placed
inside of the ballot box and shall check this number against the number of voters
who have cast their votes as have been marked on the list of voters.

Where the number of ballots in the ballot box is different from that of the
marked voters, the Chairperson of the Polling Station Commission shall order a
recount.

If the [two] numbers still differ, the Chairperson of the Polling Station
Commission shall record this difference in the minutes form.

Then, the Chairperson of the Polling Station Commission shall direct to count
the ballot in accordance with the Regulations and Procedures.

Art. 105 (new)

Any ballot paper provided by the Polling Station Commission that is ticked for
only one (1) political party shall be deemed valid. Any ballot paper shall be deemed
invalid if:
1) it is not an official ballot paper; or
2) it is not marked or marked but the Polling Station Commission is unable to
determine for which political party it is marked for; or
3) It bears a mark by which the voter can be identified ; or
4) it is torn or damaged; or
5) it does not have the stamp of the secret seal on its back.

The invalid ballots as described in (1), (2), (3), (4), and (5) above shall be
determined by the Regulations and Procedures of the National Election Committee.

Art. 106

After the ballot counting is finished, the Polling Station Commission shall
prepare a report regarding the ballot counting in two (2) copies; one (1) of which
shall be sent to the Commune/Sangkat Election Commission by enclosing the list of
33

voters, the valid and invalid ballots , the unused ballots the objections or complaints,
if any, and other documents; and another copy shall be posted at the polling station.

The valid, invalid and unused ballots, the objection complaints, if any, and
other documents shall be packed in separate supplied envelopes.

The Chairperson and Members of the Polling Station Commission shall sign
the report of the ballot counting. The representatives of political parties may sign the
ballot counting report as witnesses.

Art. 107

The method of sending, delivering and receiving the report shall be
determined by the Regulations and Procedures.

Art. 108

The political parties agents and the national and international observers may
participate as witnesses in the delivery or the receipt of the polling report.

Art. 109-(new)

The Commune/Sangkat Election Commissions shall collect the minute and
other documents from all Polling Station Commission and make a report of
consolidation of the election results in their commune/sangkat. This report of
consolidation shall be made in four (4) copies, one (1) of which shall be sent to the
National Election Committee, one (1) copy to be sent to the concerned Provincial/
Municipal Election Commission, one (1) copy to be posted at the Commune/
Sangkat Election Commissions office and the last one to be kept for filing.

If there are complaints against the election results or irregularities at any
polling station, the Commune/ Sangkat Election Commission shall immediately hold
a decision-making meeting open to public to solve those complaints.

In case, a complainant is not satisfied with the Commune/Sangkat
Commissions decision, he/she or his/her representative has the right to appeal to
the Provincial/Municipal Election Commission immediately.

Art. 110

The Provincial/Municipal Election Commissions shall collect all reports from
the Commune/Sangkat Election Commissions and make a consolidated report of
polling results in their concerned province or municipality. The consolidated report
shall be made in three (3) copies; one of which shall be sent to the National Election
Committee, with the enclose of the voters lists, the valid, invalid and unused ballots,
the objections or complaints, if any, and other documents; and another copy shall be
posted at the office of the Provincial/Municipal Election Commission and the last
copy shall be retained for filing.

34

Art. 111 (new)

If there is contested complaint against the result of the election or against
serious irregularity, the Provincial/Municipal Electoral Commission shall immediately
hold a hearing open to public to decide on such complaint and shall send its decision
with the attachment of the report of the consolidated results of the election to the

If the complainant is not satisfied with the decision of the Provincial/Municipal
Electoral Commission, he/she or representative shall file a contested complaint
immediately to the National Election Committee.

The National Election Committee shall examine and decide whether to accept
the election result as valid or to organize a re-election.

The re-election shall be organized within eight (8) days, after this decision [of
the NEC].

Art. 112 (new)

The National Election Committee shall collect all election results, examine
then decide on [the validity of] the results.

If there are no serious irregularities, the National Election Committee shall
announce its recognition of the election results.

If there are serious irregularities that affect the results of the election, the
National Election Committee shall deny the results of the election of that one
concerned polling station or of all those concerned polling stations and inform the
political parties accordingly. In these cases, a re-election of that particular polling
station or of those concerned polling stations shall be organized within eight (8) days
after its decision.

Art. 113

After examining and deciding on the results of the elections, the National
Election Committee shall publicize the provisional results of the Election of Members
of the National Assembly.

A copy of the provisional results shall be sent to the King and one (1) copy to
the Constitutional Council. The political parties that have registered for running in the
Election shall have the right to request a copy of the provisional election results.

Art. 114

After the announcement of the provisional results of the Election, , all political
party registered for running in the Election may file a complaint against all or part of
the election results within seventy two (72) hours to the National Election Committee
or directly to the Constitutional Council by indicating irregularities caused by the
Commissions or Members of the Commissions, the date and the place where
35

irregularities have taken place, the names and addresses of witnesses, including
other documents or evidences.

Art. 115 (new)

The National Election Committee shall rule on the complaint within forty eight
(48) hours after receiving the complaint.

If the National Election Committee finds that the complaint is unacceptable,
the National Election Committee shall:
- fill out the rejection form by indicating the reasons and the date of the
rejection;
- provide a copy of the rejection to the complainant or/and the political
party;
- inform the complainant or/and the political party that pursuant to the
Article 117 (new) of this Law, he/she or the political party has the right to
appeal in writing to the Constitutional Council within seventy two (72)
hours after receiving the objection notice;
- send a copy of the rejection to the Constitutional Council for information
and keep one copy for filing.

Art. 116 (new)

If the National Election Committee finds that the appeal has reasonable
ground, the National Election Committee shall open a public hearing to decide on the
appeal. In such case, the National Election Committee shall publicize the date and
place of the hearing and inform the appellant or/and the political party, and the
Constitutional Council.

The appellant and/or the political party and the Members of Election
Commissions or/and the relevant Election Commissions shall appear at the hearing.

If the National Election Committee holds the appeal justifiable, it shall:

- reject the election results of that particular polling station or those
concerned polling stations and organize the re-election at that polling
station or those concerned polling stations within eight (8) days from its
decision;
- complete an approval form, indicating the reasons and the date of
approval;
- send a copy of the approval form to the appellant or/and the political
party;
- send a copy of the approval to the Constitutional Council for information,
and retain a copy for filing.

If the National Election Committee rejects the appeal, it shall:

36

- complete the rejection form, indicating the reasons and the date of
rejection;
- send a copy of the rejection to the appellant or/and the political party;
- inform the appellant or/and the political party that, in accordance with the
Article 117 (new) of this Law, the concerned person or the political party
has the right to appeal in writing to the Constitutional Council within
seventy two (72) hours after receiving the appeals rejection;
- send a copy of the rejection to the Constitutional Council for information,
and retain a copy for filing.

Art. 117 (new)

Any person or/and political party whose appeal is rejected by the National
Election Committee, he she or/and the political party may appeal in writing to the
Constitutional Council within seventy two (72) hours after the date of receiving the
rejection notice.

The Constitutional Council shall open a public hearing to rule on the appeal
within ten (10) to twenty (20) days after receiving the appeal.

The decision of the Constitutional Council shall be final.

If the Constitutional Council finds that the appeal is unacceptable, it shall:
- complete the appeals rejection form, indicating the reasons and the
date of rejection;
- send a copy of the rejection to the appellant or/and the concerned political
party and to the National Election Committee;
- publicize the decision and retain one copy for filing.

If the Constitutional Council finds that the appeal has reasonable ground, it
shall open a public hearing to review and decide on the appeal within ten (10) to
twenty (20) days after receiving the appeal.

A) If the Constitutional Council upholds the appeal, it shall:
- complete the approval form, indicating the reasons and the date of
approval;
- send a copy of the approval to the appellant or/and the political party ;
- issue a decision instructing the National Election Committee to reject
the election results of that polling station or those polling stations and
to organize the re-election at that polling station or those polling
stations within eight (8) days from its decision;
- publicize its decision and retain a copy for filing.

B) If the Constitutional Council rejects the appeal, it shall:
- complete the rejection form, indicating of the reasons and the date of
rejection;
37

- send a copy of the rejection to the appellant or/and the concerned
political party, and to the National Election Committee;
- publicize its decision and retain a copy for filing.

Art. 118 (new)

A) After having resolved all complaints and after receiving all results of the
Election, including the results of the re-election, if any, the National Election
Committee shall officially proclaim the results of the Election and allocate the number
of seats for each political party per each constituency based on the number of valid
votes received by each political party.

Allocation of seats [to each political party] in the province or municipality shall
be made in accordance with the highest average formula based on the number of
seats and the result of the election in the province or municipality by applying the
steps described below.

Step 1: determines the electoral quota required for a political party to gain a
seat, by dividing the total of the valid votes in the province/municipality with the total
number of seats allocated to the province/municipality under the following formula;
and [the quota formula] shall be applied separately for each individual province/
municipality:

V
v

Q
t
=
S
s

Where:
Qt = the electoral quota, irrespective of the remaining decimal;
V = the total number of the valid votes received by all political parties
running in the Election in the province/municipality;
Ss = the total number of seats allocated to each provincial/municipal
constituency.

Step 2: determine the preliminary number of seat(s) that each political party
would obtain in the province/municipality.

The following formula shall be applied separately for each individual political
party running in the Election in the province/municipality:

Vv
Ns =
Q
t

Where:
38

Ns = Quotient irrespective the remaining decimal, representing the number
of seat(s) that each political party is entitled to receive prior any
necessary calculation indicated in Step 3.
Vv = the number of the valid votes received by each political party in the
province/municipality;
Q
t
= the electoral quota determined in Step 1.

After the apportionment of seats in step 2 for all political parties running in the
Election in the province/municipality is done, and if there is no seat left for further
apportionment, therefore, the number of seats [attributed to each party] is considered
final.

In case when step 2 is complete in allocating the seats for all political parties
running in the Election in the province/municipality, and there is seat(s) left; thus the
remaining seat(s) shall be apportioned by applying the formula set out in Step 3.

Step 3: the remaining seat(s) shall be apportioned to each legitimated political
party in the province/municipality by a highest average. The following formula shall
be applied separately for each political party running in the Election in the province/
municipality:

Vv
Ha =
Ns + 1
Where:
Ha = the highest average;
Vv = the number of valid votes received by a political party;
Ns = the number of seats allocated to a political party [in step 2].

If after the apportion to all qualified political parties by using step 3 is
complete, and there is still one (1) seat left , that seat shall be apportioned to the
political party that has attained the highest average.

If there are more than one (1) seat left to be allocated, the formula in Step 3
shall be applied and one (1) seat left shall be apportioned to the political party that
has attained the highest average. Then, this formula shall be applied again by
increasing the value of Ns to (Ns + 1) for the political party that received one seat
during the first application of the formula [step 3]. Thus, one (1) seat will be
apportioned to the political party that attained the highest average resulted from the
second application of this formula. if there are still more seat(s) left repeat the same
computation apportioning one (1) seat at a time successively until there is no seat
left.

B) The declaration of the elected Members for the National Assembly shall be
made in accordance to the partys list of candidates and in a priority descending
order from the top ranking down as stipulated in Article 38 (new) of this Law.

39

C) If, an elected candidate in the partys candidate list dies, resigns or loses
his/her parliamentary candidacy, the next candidate listed on the same partys
candidate list shall be declared to be elected as a parliamentary member of the
concerned party.

D) If a partys list of candidates does not have enough candidates due to
reasons as mentioned in (C) of this Article, the National Election Committee shall
request in writing to the concerned party to provide more names of candidates to be
added to its own partys list within fourteen (14) days after the receipt of the request.

The review and approval of the added candidates to the list shall be based on
the provisions stipulated in Articles 33 (new), 34 (new), 35 (new), 36 (new), 38 (new),
41 (new), 42 (new) and Article 43 of the Law on the Election of Members of the
National Assembly.

If the concerned political party fails to meet such request within the time frame
mentioned above or is unable to fulfill the requirement needed for completing the
vacant seat(s), thus, it is considered that the concerned political party has
abandoned the vacant seat(s).

E) In case a political party received one (1) seat or more in the National
Assembly, but this party declares to abandon its seat(s) in the National Assembly or
has its [candidacy] stripped of from the list of political partys list in accordance with
the Law on the Political Parties, the partys list or the candidate on such partys list
that has been declared elected, is no longer valid or qualified.

In such a case, the National Election Committee shall apportion the vacant
seat within seven (7) days to other political parties that have received seat(s) in the
same province/municipality, excluding the political party that has abandoned its
seat(s), by applying the following steps:

Step 1: Determine the electoral quota required for a political party to gain one
(1) seat, by using the formula below:

Vv
Qt =
Ss

Where:
Q
t
= the electoral quota irrespective the remaining decimal;
Vv = the total number of valid votes received by all political parties receiving
the seat(s) in the province/municipality, deducted the valid votes of
the political party that has abandoned its seat(s) in the province/
municipality;
Ss = the number of the abandoned seat(s) in the province/municipality.

Step 2: Determine the preliminary number of seat(s) that each political party
would receive by applying the following formula:

40

Vv
Ns =
Q
t

Where:
Ns = the number of seat(s) that each political party in the province/
municipality to receive prior to any necessary calculation made in Step 3.
Vv = the total number of valid votes cast for each political party in the
Q
t
= the electoral quota determined in Step 1.

After the apportion of seats in Step 2 is made and there are no more seats to
be further allocated, the number of seat(s) that all political parties attained in the
province/municipality, except the political party that has abandoned its seat(s) in the
province/municipality, shall be finalized as determined in this step.

After the Step 2 has achieved and there are still seat (s) left for further
apportion, the remained seats shall be apportioned as indicated in Step 3.

Step 3: The remaining seat(s) shall be apportioned based on the highest
average by using the following formula:

Vv
Ha =
N
s
+ 1

Where:
Ha = the highest average;
Vv = the total number of valid votes received by each political party in the
N
s
= the number of seats a political party receive [in step 2];

The method outlined in (A) in paragraph (9) and paragraph (10) of this Article
shall be applied for the computation in Step 3 and the further computation.

F) If after the computation using the formula mentioned above, there are two
(2) or more political parties having the same highest average making it unable to
allocate the remaining seat to any political parties, that seat shall be allocated to the
political party receiving the highest number of valid votes. If the political parties
received the same number of the valid votes, the remaining seat shall be allocated
based on a lucky draw, determined by the Regulations and Procedures of the

G) If a political party receives one (1) or more additional seats, but its list of
candidates does not have enough number of candidates to fill in the seats , the
procedure stated in (D) of this Article shall be applied.

41

H) Based on the result of the election as stated in (A) of this Article, the
National Election Committee may proclaim consecutively the result of the Election of
each constituency.

I) Prior to the announcement of the official result of the Election, the National
Election Committee shall report to all parties representatives running in the Election
the number of the printed ballot papers, the number of the used ballots and that of
the remaining ballots.

Art. 119

The period allowed for lodging and resolving complaints as stipulated in
Chapters IV, VI and VIII of this Law shall not include the official holidays.

CHAPTER IX

REPLACEMENT OF MEMBERS OF THE NATIONAL ASSEMBLY

Art. 120 (new)

The Members of the National Assembly shall lose his/her membership in the
following events:
- He/she dies;
- He/she loses his/her professional capacity as certified by the competent
ministry;
- He/she resigns from the National Assembly Membership in writing;
- He/she is convicted of criminal or misdemeanor act;
- He/she loses his/her membership from his/her political party.

If a National Assembly Member loses his/her membership at least six (6)
months before the ending of the legislative term, the concerned political party may
propose an appointing replacement by choosing another candidate whose name
appears on the same partys list, in the next descending order without holding a by-
election.

CHAPTER X

BUDGET

Art. 121

Pursuant to the Law on Finance, a special account shall be established at the
National Treasury, known as Trust Fund Account for Election, for the National
Election Committees use to conduct the Election of the National Assembly
Members.
42

The electoral Fund obtained from various contributions of the Royal
Government, foreign governments, the international organizations, the charitable
individuals, the non-governmental organizations, and any other legal revenues shall
be integrated into the national budget to be directly credited to this special account.

Some kinds of foreign financing for the electoral purposes may be made
without passing through the National Treasury.

CHAPTER XI

PENALTIES

Art. 122 (new)

Excluding any other possible criminal penalties, a commune/sangkat clerk, or
an official, or a member of the Commune/Sangkat Council, who has committed any
of the following violations described below, shall be furnished up to the expulsion
from service, in accordance with the Law on the Administration of the Commune/
Sangkat Council and the Law on the Statute of Civil Servants of the Kingdom of
Cambodia:
- Having issued a registration receipt but intentionally refused to record that
citizens name in the voters list and the register of voters;
- Having intentionally registered a person who is under the voting age, or
who does not substantially meet the voting requirements;
- Having intentionally registered or issued a registration receipt to a person
who has been deprived of the right to vote;
- Preventing citizen of 18 years old and older from registering to vote.

Art. 123 (new)

A request to be a candidate running for the Election shall be rejected if he/she
violates Article 33 (new) or Article 34 (new) of this Law.

Art. 124 (new)

Without considering any other possible criminal penalties, his/her name shall
be deleted from the voters list and from the list of candidates of the political parties
running in the Election, and his/her candidacy shall be cancelled by the National
Election Committee, and/or shall be fined from five millions (5,000,000.00) to the
twenty-five millions (25,000,000.00) riels, any person or political party that:
- using force or violence or intimidation against citizen having right to vote,
with the aim to prevent him/her from registering to vote or to deter [the
43

registration officer] to register the eligible voter in the voters list and the
register of voters;
- inciting the supporters or voters to commit offenses, threats, or violence
against another candidate or political party;
- using duress, threats or coercion to secure a promise to vote for his/her
own political party or for his/her preferred political party;
- using force or violence to deter eligible voters from voting or standing as a
candidate;
- preventing the candidate and political supporters from conducting the
electoral campaign activities as scheduled;
- using force or violence or intimidation by using contemptuous language to
frighten, to create confusion, that undermine the credibility of the secrecy of
voting;
- disrupting the polling process;
- disrupting the ballot counting process;
- disrupting the order during the polling;
- buying votes by offering material or monetary incentives.

Art. 125 (new)

Any Member of the National Election Committee, or of the Provincial/
Municipal Commissions, the Commune/Sangkat and Polling Station Commissions
who falsifies any electoral documents, ballot papers, or uses any other tricks to
distort the election result, shall be fined from ten millions (10,000,000.00) to twenty-
five millions (25,000,000.00) riels excluding any other criminal penalties, or/and shall
have his/her name deleted from the voters list for a period of five (5) years.

Art. 126 (new)

Any official or staff member of the National Election Committee, or officials or
or staff of the Election Commissions who violates the provisions in paragraph(2) of
Article 12 of the Law on the Election of Members of the National Assembly shall be
fined from ten millions (10,000,000.00) riels to fifty millions (50,000,000.00) riels, and
shall be expelled from the electoral jobs forever.

Art. 127 (new)

Any person who violates Article 55 (new) or Article 100 of the Law on the
Election of Members of the National Assembly shall be subject to a warning. If
he/she fails to comply with the warning, he/she shall be arrested and have his/her
weapon confiscated for forty eight (48) hours by competent authorities and shall be
fined from ten millions (10, 000,000.00) to fifty millions (50,000,000.00) riels.

If the violator is a civil servant or member of the military or police forces, the
National Election Committee shall:

44

- request the head of the violator's institution to impose administrative
sanctions, ranging from suspension without pay to expulsion from
employment, depending on the seriousness of the violation;
- delete his/her name from the voters list.

If the violator is an official or staff member of the National Election Committee
or of the Provincial/Municipal Election Commissions and the Commune/Sangkat
Election Commissions, the National Election Committee, in addition to sanctions
provided in paragraph (1) of this Article, shall immediately expel and bar him from
further employment with the National Election Committee or with other Election
Commissions at all levels for ten (10) years starting from the current election.

Art. 128 (new)

The National Election Committee shall delete the name of any government
official or responsible person who violates Article 29 (new) of this Law from the
votes list for a period of five (5) years; and the National Election Committee shall
request the head of his/her institution to impose administrative sanctions on him/her
ranging from suspension without pay to expulsion from service.

Art. 129 (new)

Any person who instructs or induces to deceive voter to vote for a particular
political party as directed by him/her, or by using other means during the polling
shall be fined from five millions (5,000,000.00) to ten millions (10,000,000.00) riels,
or/and shall have his/her name deleted from the voters list for a period of five (5)
years.

If the offender is an official or staff member of the National Election Committee
or of any Election Commissions at all levels, the National Election Committee shall
immediately expel and bar him/her from further employment with the Election
Commissions at all levels for ten (10) years starting from the current election.

If the offender is a candidate running for the Election, his/her candidacy shall
be revoked in addition to the penalties stipulated in paragraph (1) of this Article.

Art. 130 (new)

Any person who intentionally causes the ballot boxes to be opened, the
safety locks or devices to be broken, or torn, or detached, or intentionally causes
the loss of, or steals, or exchanges, or forcedly takes away, or destroys a ballot box
containing the ballots shall be fined from ten millions (10,000,000.00) to twenty-five
millions (25,000,000.00) riels excluding any other possible criminal penalties; or/and
shall have his/her name deleted from the voters list for a period of five (5) years.

If the offender is an official, staff member, or member of the National Election
Committee or of any Election Commissions at all levels, the National Election
Committee shall immediately expel and bar him/her from further employment with
any Election Commissions at all levels for ten (10) years starting from the current
election.
45

If the offender is a candidate running for the Election, the National Election
Committee shall revoke his/her candidacy, in addition to the penalties outlined in
paragraph (1) of this Article.

Art. 131 (new)

Any person or political party who violates Article 73 (new) or Article 76 of this
Law, excluding any other possible criminal penalties, shall be fined from five
millions (5,000,000.00) to ten millions (10,000,000.00) riels, or/and shall have
his/her name deleted from the voters list for a period of five (5) years.

Art. 132 (new)

A warning shall be imposed upon any person who violates Article 77 or
paragraph (2) of the Article 78 of the Law on the Election of Members of the National
Assembly.

In case of failure to comply with the warning, his/her name shall be deleted
from the voters list for a period of five (5) years; and there shall be a proposition to
the head of the relevant institution to impose an administrative sanction ranging from
suspension without pay to expulsion from employment; or/and shall be fined from
one million (1,000,000.00) riels to two millions (2,000,000.00) riels.

Art. 133

Any person who violates Article 72 of this Law, Shall be warned.

In case of failure to comply with the warning, the person concerned shall have
his/her name be deleted from the votes list for a period of five (5) years, shall have
his/her candidacy or his/her candidature running for the political party in the Election
be revoked; or/and shall be fined from five millions (5,000,000.00) riels to ten millions
(10,000,000.00) riels.

CHAPTER XII

TRANSITIONAL PROVISIONS

Art. 134 (new)

Once this Law comes into effect, for the purpose of [organizing] the Election
of the 3
rd
Legislative Term of the National Assembly, to review the voters lists and
conduct the voter registration in accordance to the provisions of this Law, the last
voters lists that has been used for the Commune/Sangkat Council Election on
February 3
rd
, 2002 shall be taken as a basis.

46

Art. 135 (new)

After this Law comes into effect, the established polling stations used for the
Commune/Sangkat Election held on February 3
rd
, 2002, shall be used as polling
stations serving for the Election of Members of the National Assembly for its third
mandate to be held on July 27, 2003.

In case the National Election Committee makes an adjustment or establishes
new polling stations, the NEC shall comply with the provisions stated in Articles 45
(new) and in (A) and (B) of the Article 46 (new) of this Law; and shall publicly post
the adjusted and newly established polling stations at least thirty (30) days before
the polling day.

Art. 136 (new)

A) To review the voters lists and conduct of the voter registration for the 3
rd

legislative term of the National Assembly Election, any citizen whose name was not
on the last voters lists, or who has moved his/her residence, that citizen shall
appear in person at the commune/sangkat office or at any other locations in the
commune/sangkat in which he/she is living, at a date determined by the National
Election Committee, in order to fill in a voter registration form, in accordance to the
provisions stated in this Law.

The National Election Committee can adjust the time frame of the review of
the voters lists and the voter registration as stipulated in paragraph (1) of Article 49
(new) of this Law, and shall send staff and take necessary measures to assist the
Commune/Sangkat Council and the commune/sangkat clerk while performing the
voters lists revision and the voter registration for National Assembly Election 3
rd

mandate.

B) Once this Law comes into effect, for the National Assembly Election 3
rd

mandate, citizens shall be allowed to use the voter card or other available certificates
that could replace the existing voter card as a document to be used during the voter
registration and during the polling, in addition to other documents stipulated in
paragraph (1) of Article 50 (new) and in (A), (B), (C), (D) and (E) of Article 54 (new)
of this Law, as determined by the National Election Committee.

During the period of the voters lists revision and the voter registration, on the
basis of updating the voters lists to be used during the Commune/Sangkat Council
Election on February 3
rd
, 2002, any person shall have the right to object against a
person holding the voter card or the replacement of the voter card, or having name in
the voters lists, provided the complainant has enough evidence to prove that the
person in question having a voter card, or a replacement certificate, or having
his/her name in the voters lists without sufficient requirements as stipulated in
paragraph (1) of the Article 50 (new) and in (A), (B), (C), (D) and (E) of the Article 54
(new) of this Law.

The objection shall be done as stated in the Articles 64 (new), 65 (new) and
66 (new) of this Law.

47

Art. 137 (new)

For the purpose of organizing the Election of Members of the National
Assembly on Sunday July 27
th
, 2003, the vote counting process stipulated in Article
102, Article 103, Article 104 and Article 106 of the Law on the Election of Members
of the National Assembly shall be conducted at the office of the Commune/Sangkat
Election Commissions of the Kingdom of Cambodia, or at any other safe location as
determined by the National Election Committee.

The National Election Committee shall issue detailed Regulations and
Procedures on the transportation of the ballot boxes and on the vote counting, to
ensure that the counting process is conducted with transparency, safety, without
threat and intimidation and to ensure that it is free, fair and just.

The partys representatives and observers shall be placed at a reasonable
distance that allow them to clearly see all counting activities.

CHAPTER XIII

FINAL PROVISIONS

Art. 138

Any provision that is in contrast with the provisions of this Law shall be
abrogated.

Art. 139

This Law shall be promulgated as urgent.

Phnom Penh, December 26, 1997
Norodom Sihanouk

Art. 2


Royal Palace, Phnom Penh, September 17, 2002
On behalf of King Order
Acting Head of State
Chea Sim

48

Art. 2


Royal Palace, Phnom Penh, June 27, 2006
Signature and Stamp
Norodom Sihamoni

49

Art. 2


Royal Palace, Phnom Penh, January 31, 2007
Signature and Stamp
Norodom Sihamoni

50

Art. 2


Royal Palace, Phnom Penh, July 04, 2011
Signature and Stamp
Norodom Sihamoni

4

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